Germany

You get what you pay for? Variances in law firm hourly rates revealed

New research has revealed the variance in the hourly rates charged by law firm practitioners for trademark-related work in key jurisdictions, with the hourly rate for a partner ranging from $30 to $880.

You get what you pay for? Variances in law firm hourly rates revealed
19 Oct 2018

Facebook’s WHOIS access woes, DPMA’s IP workshop for refugees, and Santa-Cruz leaves INAPI: news round-up

In our latest round-up, we look at the Croatian president talking up nation branding, Gucci voicing “reluctance” to work with Alibaba and JD.com, brand owners readying themselves for motion marks, and much more.

20 Jul 2018

Well-known marks: approaches to fame in Europe

Obtaining well-known status for a trademark can be a powerful tool for rights holders. In the third of a three part series, this article considers the best route in key European jurisdictions

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25 Jan 2019

Litigation procedures and strategies: Germany

Alternative dispute resolution methods exist; however, they play only a minor role in Germany. One reason is Germany’s efficient court system, which allows for settling trademark conflicts quickly and at reasonable costs.  Read more

17 Jan 2019

Amended German trademark law comes into force - key changes highlighted

The Trademark Law Modernisation Act, which aims to transpose Directive 2015/2436 into German law, has come into force. This update reviews the changes that will have the greatest impact on mark owners. Read more

9 Jan 2019

Federal Supreme Court: Producers must prove that Champagne does not determine taste of ‘Champagner Sorbet’

In a dispute over the use of the name ‘Champagner Sorbet’, the German Federal Supreme Court has held that the burden of proving that the ingredient Champagne does not determine the taste of ‘Champagner Sorbet’ rests on the claimant, a French association of Champagne producers. Read more

7 Jan 2019

Protecting and enforcing design rights: Greece

With regard to national industrial designs, Greece has a ‘partially cumulative’ protection system. According to this doctrine, a registered design is eligible for protection under both copyright and design law, provided that the requirements for each type of right apply.  Read more

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Anti-counterfeiting

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24 May 2018

Border seizure measures in the European Union

The European Union is a highly attractive business market – and a prime target for counterfeiters. The EU Customs Regulation is the most cost-efficient and strongest tool to fight counterfeiting, given the investigative powers of customs authorities throughout the European Union. Read more

24 May 2018

Procedures and strategies for anti-counterfeiting: Germany

In case of slavish imitations which are not within the scope of IP rights, the Act Against Unfair Competition provides for complementary protection of performances if additional unfair competition aspects are given, although the requirements are less strict for identical replications. Read more

11 Apr 2018

Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern. Read more

18 May 2017

Border seizure measures in the European Union

As a single market composed of 28 member states with 500 million consumers, the European Union is a highly attractive business market – and a prime target for counterfeiters. The EU Customs Regulation is the most cost-efficient and strongest tool to fight counterfeiting, given the investigative powers of customs authorities throughout the European Union. Read more

Brand management

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13 Mar 2018

Managing a pharmaceutical trademark portfolio with the assistance of outside counsel

Responsibility for a company’s portfolio is frequently placed in the hands of a few specialists. Often, this is not the only task carried out within the department. However, the legal protection of trademarks requires a high degree of specialisation. Read more

29 Mar 2017

Managing major projects in a trademark portfolio: creation, assignments and renewals

As responsibility for a company’s trademark portfolio is frequently placed in the hands of a small number of specialists who work to their limits on day-to-day issues, major projects such as creation, assignment and renewal often generate additional work that exceeds in-house capabilities. Read more

1 Mar 2017

Brand creation and protection: a multifaceted approach

Practitioners from China, Germany and the United States discuss how to manage the brand lifecycle, exploring how counsel can ensure robust, innovative and effective creation and protection strategies Read more

Enforcement and litigation

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25 Jan 2019

Litigation procedures and strategies: Germany

Alternative dispute resolution methods exist; however, they play only a minor role in Germany. One reason is Germany’s efficient court system, which allows for settling trademark conflicts quickly and at reasonable costs.  Read more

9 Jan 2019

Federal Supreme Court: Producers must prove that Champagne does not determine taste of ‘Champagner Sorbet’

In a dispute over the use of the name ‘Champagner Sorbet’, the German Federal Supreme Court has held that the burden of proving that the ingredient Champagne does not determine the taste of ‘Champagner Sorbet’ rests on the claimant, a French association of Champagne producers. Read more

7 Jan 2019

Protecting and enforcing design rights: Greece

With regard to national industrial designs, Greece has a ‘partially cumulative’ protection system. According to this doctrine, a registered design is eligible for protection under both copyright and design law, provided that the requirements for each type of right apply.  Read more

7 Jan 2019

Protecting and enforcing design rights: Germany

German registered designs are governed by the Design Act, which was recently renamed to reflect the fact that German registered designs are now officially called ‘designs’, rather than the previously used ‘aesthetical models’. This is an interesting inconsistency in German law Read more

Law firms

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1 Jul 2016

The rise of German boutiques and what it says about contemporary clients' needs

For this week’s blog from the WTR 1000 research team, having observed the rapid rise of boutique firms in Germany, we thought it would be insightful to look at what exactly it is that such firms can boast over their full-service counterparts – and to what extent those boasts hold true. Read more

27 Apr 2016

Reimbursement of costs in German opposition proceedings remains a problem

The basic rule in opposition proceedings is that each party bears its own costs and that cost reimbursement is possible only if equity requires it. A recent decision highlights the difficulties of getting costs reimbursed in opposition proceedings Read more

IP offices

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6 Apr 2018

Trademark offices prepare for the future as users give poor performance grades

The performance levels of the Chinese, Brazilian and Indian trademark offices have clear room for improvement but change could be afoot. Read more

17 Nov 2017

Germany’s hearty trademark scene and stunning courtroom win rates: exclusive data analysis

The latest country data report focuses on Germany. We reveal the European powerhouse’s leading sectors and explain how the country’s robust brands have continued to surge in value. Read more

Online

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18 Oct 2017

German Federal Court rules on Google’s Image Search

The Federal Court of Justice has handed down a judgment of utmost importance for the exploitation of copyright on the Internet. The decision, which will become known and referred to under the name Thumbnail III, examined whether the display of preview images in search results constituted an act of making available a copyright work in the sense of the copyright law. Read more

1 Mar 2017

Germany: Fight for your (domain name) rights

As more and more companies use the Internet to sell goods and services, it is crucial to register the right domain name and then to protect it effectively Read more

12 Apr 2016

Trademark application filed for 'The Panama Papers'; applicant reveals ambitious plans

A Munich-based marketer has applied for a trademark in Germany for the term ‘The Panama Papers’, with plans to write a movie and sell merchandise related to the unprecedented leak of 11.5 million files from the database of law firm Mossack Fonseca. An IP expert tells us that if the application progresses to the opposition stage, the International Consortium of Investigative Journalists will need to rely on unregistered rights if it seeks to prevent its registration by a third party. Read more

Portfolio management

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27 Apr 2018

New hope for 'Black Friday' offers in Germany?

The German Patent and Trademark Office has held that the trademark BLACK FRIDAY was descriptive and must therefore be kept free for use by competitors. Read more

13 Mar 2018

Managing a pharmaceutical trademark portfolio with the assistance of outside counsel

Responsibility for a company’s portfolio is frequently placed in the hands of a few specialists. Often, this is not the only task carried out within the department. However, the legal protection of trademarks requires a high degree of specialisation. Read more

11 Dec 2017

Protecting and enforcing design rights: Germany

German registered designs are governed by the Design Act, which was recently renamed to reflect the fact that German registered designs are now officially called ‘designs’, rather than the previously used ‘aesthetical models’. This is an interesting inconsistency in German law, as the official German name for registered Community designs is still ‘Community aesthetical model’, even in the Design Act itself. Read more

1 Nov 2017

Germany: Uphill battle for protection of 3D confectionery marks

The confectionery industry is awash with three-dimensional trademarks. However, EU case law demonstrates that brand owners face considerable difficulties registering and protecting their marks Read more

Trademark law

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7 Jan 2019

Protecting and enforcing design rights: Germany

German registered designs are governed by the Design Act, which was recently renamed to reflect the fact that German registered designs are now officially called ‘designs’, rather than the previously used ‘aesthetical models’. This is an interesting inconsistency in German law Read more

12 Sep 2018

Trademark procedures and strategies: Germany

Commercial designations are protected against newer identical or confusingly similar trade designations and trademarks once they are first used in Germany, but details of this protection can be complex. Read more

7 Sep 2018

The fall of the own-name defence

The ability to raise the own-name defence in Europe is about to come to an end. This article examines the consequences of recent own-name legislative changes for businesses in Europe. Read more

17 Aug 2018

A-Z guide of EU trademark court practice and performance: Finland to Hungary

In the second of our five-part series, trademark counsel from law firms across Europe provide an overview of the performance of their countries’ EU trademark courts over the last two years. Read more

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